Cranberries Grown in States of Massachusetts, Rhode Island, Connecticut, New Jersey, Wisconsin, Michigan, Minnesota, Oregon, Washington, and Long Island in the State of New York; Changing Reporting Requirements, 52595-52597 [2012-21372]
Download as PDF
<![CDATA[
Federal Register / Vol. 77, No. 169 / Thursday, August 30, 2012 / Rules and Regulations
Signed in Washington, DC, on August 24,
2012.
William J. Murphy,
Manager, Federal Crop Insurance
Corporation.
[FR Doc. 2012–21350 Filed 8–29–12; 8:45 am]
BILLING CODE 3410–01–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 929
[Doc. No. AMS–FV–12–0002; FV12–929–1
IR]
Cranberries Grown in States of
Massachusetts, Rhode Island,
Connecticut, New Jersey, Wisconsin,
Michigan, Minnesota, Oregon,
Washington, and Long Island in the
State of New York; Changing
Reporting Requirements
Agricultural Marketing Service,
USDA.
ACTION: Interim rule with request for
comments.
AGENCY:
This rule revises the reporting
requirements currently prescribed under
the marketing order that regulates the
handling of cranberries grown in the
States of Massachusetts, Rhode Island,
Connecticut, New Jersey, Wisconsin,
Michigan, Minnesota, Oregon,
Washington, and Long Island in the
State of New York (order). The order is
administered locally by the Cranberry
Marketing Committee (Committee). This
rule changes the dates covered by the
third reporting period and the date by
which the Handler Inventory Report
(Form HIR) is due to the Committee.
These changes will help ensure the
Committee has current and complete
information available for its discussions
during its annual August meeting, while
providing handlers sufficient time to
submit their reports.
DATES: Effective August 31, 2012;
comments received by October 29, 2012
will be considered prior to issuance of
a final rule.
ADDRESSES: Interested persons are
invited to submit written comments
concerning this rule. Comments must be
sent to the Docket Clerk, Marketing
Order and Agreement Division, Fruit
and Vegetable Program, AMS, USDA,
1400 Independence Avenue SW., STOP
0237, Washington, DC 20250–0237; Fax:
(202) 720–8938; or Internet: https://
www.regulations.gov. All comments
should reference the document number
and the date and page number of this
issue of the Federal Register and will be
made available for public inspection in
erowe on DSK2VPTVN1PROD with
SUMMARY:
VerDate Mar<15>2010
14:47 Aug 29, 2012
Jkt 226001
the Office of the Docket Clerk during
regular business hours, or can be viewed
at: https://www.regulations.gov. All
comments submitted in response to this
rule will be included in the record and
will be made available to the public.
Please be advised that the identity of the
individuals or entities submitting the
comments will be made public on the
Internet at the address provided above.
FOR FURTHER INFORMATION CONTACT:
Doris Jamieson, Marketing Specialist, or
Christian D. Nissen, Regional Manager,
Southeast Marketing Field Office,
Marketing Order and Agreement
Division, Fruit and Vegetable Program,
AMS, USDA; Telephone: (863) 324–
3375, Fax: (863) 325–8793, or Email:
Doris.Jamieson@ams.usda.gov or
Christian.Nissen@ams.usda.gov.
Small businesses may request
information on complying with this
regulation by contacting Laurel May,
Marketing Order and Agreement
Division, Fruit and Vegetable Program,
AMS, USDA, 1400 Independence
Avenue SW., STOP 0237, Washington,
DC 20250–0237; Telephone: (202) 720–
2491, Fax: (202) 720–8938, or Email:
Laurel.May@ams.usda.gov.
SUPPLEMENTARY INFORMATION: This rule
is issued under Marketing Agreement
and Order No. 929, both as amended (7
CFR part 929), regulating the handling
of cranberries produced in States of
Massachusetts, Rhode Island,
Connecticut, New Jersey, Wisconsin,
Michigan, Minnesota, Oregon,
Washington, and Long Island in the
State of New York, hereinafter referred
to as the ‘‘order.’’ The order is effective
under the Agricultural Marketing
Agreement Act of 1937, as amended (7
U.S.C. 601–674), hereinafter referred to
as the ‘‘Act.’’
The Department of Agriculture
(USDA) is issuing this rule in
conformance with Executive Order
12866.
This rule has been reviewed under
Executive Order 12988, Civil Justice
Reform. This rule is not intended to
have retroactive effect.
The Act provides that administrative
proceedings must be exhausted before
parties may file suit in court. Under
section 608c(15)(A) of the Act, any
handler subject to an order may file
with USDA a petition stating that the
order, any provision of the order, or any
obligation imposed in connection with
the order is not in accordance with law
and request a modification of the order
or to be exempted therefrom. A handler
is afforded the opportunity for a hearing
on the petition. After the hearing, USDA
would rule on the petition. The Act
provides that the district court of the
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
52595
United States in any district in which
the handler is an inhabitant, or has his
or her principal place of business, has
jurisdiction to review USDA’s ruling on
the petition, provided an action is filed
not later than 20 days after the date of
the entry of the ruling.
This rule revises the reporting
requirements currently prescribed under
the order. This rule changes the dates
covered by the third reporting period
and the date by which the Handler
Inventory Report (Form HIR) is due to
the Committee. These changes will help
ensure the Committee has current and
complete information available for its
discussions during its annual August
meeting, while providing handlers
sufficient time to submit their report.
These changes were unanimously
recommended by the Committee at a
meeting on August 31, 2011.
Section 929.62 of the cranberry
marketing order provides, in part, that
each handler engaged in the handling of
cranberries or cranberry products shall,
upon request of the Committee, report
as to the quantity of cranberries
acquired and handled during any
designated period or periods. This
section also provides that handlers
report cranberries or cranberry products
held in inventory on such date as the
Committee may designate.
Currently, § 929.105 provides that
certified reports shall be filed with the
Committee, on a form provided by the
Committee, by each handler not later
than January 20, May 20, and August 20
of each fiscal period and by September
20 of the succeeding fiscal period. This
Handler Inventory Report (Form HIR)
must show the total quantity of
cranberries acquired and the total
quantity of cranberries and Vaccinium
oxycoccus cranberries handled from the
beginning of the reporting period
indicated through December 31, April
30, July 31, and August 31, respectively.
The report must also show the total
quantity of cranberries and Vaccinium
oxycoccus cranberries as well as
cranberry products and Vaccinium
oxycoccus cranberry products held by
the handler on January 1, May 1, August
1, and August 31 of each fiscal period.
The information obtained from handlers
is compiled into reports which are
reviewed by the Committee and used to
make informed decisions regarding the
activities under the order.
In 2010, the Committee recommended
changing the dates when handler
reports were due in order to provide
handlers with additional time to submit
their report (75 FR 5898). Under that
action, the due dates were changed from
January 5, May 5, and August 5 of each
fiscal period and by September 5 of the
E:\FR\FM\30AUR1.SGM
30AUR1
52596
Federal Register / Vol. 77, No. 169 / Thursday, August 30, 2012 / Rules and Regulations
erowe on DSK2VPTVN1PROD with
succeeding fiscal period to January 20,
May 20, and August 20 of each fiscal
period and by September 20 of the
succeeding fiscal period, respectively.
This change was made to allow handlers
more time to file their report.
After changing the due dates of the
report, the Committee realized that
given the new due dates, the handler
report due by August 20 may not be
received prior to the Committee’s
annual August meeting. In discussing
this issue, the Committee recognized
that having as current industry
information as possible available for the
August meeting is important for
administering the order. Further, it is
particularly significant as the
Committee is required to make
decisions regarding the need to establish
a volume regulation using a handler
withholding not later than August 31
each year.
Consequently, the Committee
unanimously voted to change the due
date for the third reporting period from
August 20 to July 20. To accommodate
the new due date, this rule also adjusts
the timeframes covered under third
period reporting by adjusting the end
date from July 31 to June 30 for
cranberries acquired and handled and
for reporting inventory held changes
August 1 to June 30. With these
changes, handler information from the
third reporting period will be received
and compiled into reports prior to the
Committee’s meeting in August. These
changes will help ensure that the
Committee has current and complete
information available for its discussions,
while providing handlers sufficient time
to submit their reports.
Initial Regulatory Flexibility Analysis
Pursuant to requirements set forth in
the Regulatory Flexibility Act (RFA) (5
U.S.C. 601–612), the Agricultural
Marketing Service (AMS) has
considered the economic impact of this
action on small entities. Accordingly,
AMS has prepared this initial regulatory
flexibility analysis.
The purpose of the RFA is to fit
regulatory actions to the scale of
business subject to such actions in order
that small businesses will not be unduly
or disproportionately burdened.
Marketing orders issued pursuant to the
Act, and the rules issued thereunder, are
unique in that they are brought about
through group action of essentially
small entities acting on their own
behalf.
There are approximately 55 handlers
of cranberries who are subject to
regulation under the marketing order
and approximately 1,200 cranberry
producers in the regulated area. Small
VerDate Mar<15>2010
14:47 Aug 29, 2012
Jkt 226001
agricultural service firms are defined by
the Small Business Administration
(SBA) as those having annual receipts of
less than $7,000,000, and small
agricultural producers are defined as
those having annual receipts of less than
$750,000 (13 CFR 121.201).
Based on Committee data and
information from the National
Agricultural Statistics Service, the
average annual f.o.b. price of cranberries
during the 2010 season was
approximately $46.50 per barrel and
total shipments were approximately 6.8
million barrels. As a percentage, about
18 percent of the handlers shipped
approximately 6.5 million barrels of
cranberries. Using the average f.o.b.
price and shipment data, about 82
percent of cranberry handlers could be
considered small businesses under
SBA’s definition. In addition, based on
production and producer prices, and the
total number of cranberry growers, the
average grower revenue is less than
$750,000. Therefore, the majority of
growers and handlers of cranberries may
be considered small entities.
This rule revises the reporting
requirements currently prescribed under
the cranberry marketing order. This rule
revises § 929.105 by changing the due
date for the third reporting period from
August 20 to July 20. To accommodate
the new due date, this rule also adjusts
the end date for the timeframe covered
under the third period reporting from
July 31 to June 30 for cranberries
acquired and handled, and changes
August 1 to June 30 for reporting
inventory held. These changes will help
ensure the Committee has current and
complete information available for
discussion during its annual August
meeting, while providing handlers
sufficient time to submit their Handler
Inventory Report (Form HIR). The
authority for these actions is provided
in § 929.62. These changes were
unanimously recommended by the
Committee at a meeting on August 31,
2011.
It is not anticipated that this action
will impose any additional costs on the
industry nor will it change the reporting
and recordkeeping burden on handlers.
Having current and complete
information available during the
Committee’s August meeting will assist
the Committee when making decisions
regarding the administration of the
order. The benefits of this rule are not
expected to be disproportionately
greater or less for small handlers or
growers than for large entities.
The Committee considered one
alternative to these changes, making no
changes to the reporting requirements.
The Committee recognized making no
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
changes to the reporting requirements
could mean that current and complete
information for the third reporting
period may not be available for
discussion during the August meeting.
Therefore, this alternative was rejected.
In accordance with the Paperwork
Reduction Act of 1995, (44 U.S.C.
chapter 35), the order’s information
collection requirements have been
approved by the Office of Management
and Budget (OMB) and assigned OMB
No. 0581–0189, Generic Fruit Crops.
Because this revision changes neither
the content of the Handler Inventory
Report (Form HIR) nor its calculated
burden, no changes in OMB
requirements as a result of this action
are necessary. Should any changes
become necessary, they would be
submitted to OMB for approval.
This rule will not impose any
additional reporting or recordkeeping
requirements on either small or large
cranberry handlers. As with all Federal
marketing order programs, reports and
forms are periodically reviewed to
reduce information requirements and
duplication by industry and public
sector agencies.
AMS is committed to complying with
the E-Government Act, to promote the
use of the Internet and other
information technologies to provide
increased opportunities for citizen
access to Government information and
services, and for other purposes.
In addition, USDA has not identified
any relevant Federal rules that
duplicate, overlap or conflict with this
rule.
Further, the Committee’s meeting was
widely publicized throughout the
cranberry industry and all interested
persons were invited to attend the
meeting and participate in Committee
deliberations. Like all Committee
meetings, the August 31, 2011, meeting
was a public meeting and all entities,
both large and small, were able to
express their views on this issue.
Finally, interested persons are invited to
submit comments on this interim rule,
including the regulatory and
informational impacts of this action on
small businesses.
A small business guide on complying
with fruit, vegetable, and specialty crop
marketing agreements and orders may
be viewed at: www.ams.usda.gov/
MarketingOrdersSmallBusinessGuide.
Any questions about the compliance
guide should be sent to Laurel May at
the previously mentioned address in the
FOR FURTHER INFORMATION CONTACT
section.
This rule invites comments on
changes to the reporting requirements
currently prescribed under the
E:\FR\FM\30AUR1.SGM
30AUR1
Federal Register / Vol. 77, No. 169 / Thursday, August 30, 2012 / Rules and Regulations
cranberry marketing order. Any
comments received will be considered
prior to finalization of this rule.
After consideration of all relevant
material presented, including the
Committee’s recommendation, and
other information, it is found that this
interim rule, as hereinafter set forth,
will tend to effectuate the declared
policy of the Act.
Pursuant to 5 U.S.C. 553, it is also
found and determined upon good cause
that it is impracticable, unnecessary,
and contrary to the public interest to
give preliminary notice prior to putting
this rule into effect and that good cause
exists for not postponing the effective
date of this rule until 30 days after
publication in the Federal Register
because: (1) The handler reporting cycle
for the current fiscal period has already
begun; (2) the Committee would like
this action in place prior to the start of
the third reporting period which begins
May 1; (3) the Committee unanimously
recommended these changes at a public
meeting and interested parties had an
opportunity to provide input; and (4)
this rule provides a 60-day comment
period and any comments received will
be considered prior to finalization of
this rule.
List of Subjects in 7 CFR Part 929
Cranberries, Marketing agreements,
Reporting and recordkeeping
requirements.
For the reasons set forth in the
preamble, 7 CFR part 929 is amended as
follows:
PART 929—CRANBERRIES GROWN IN
THE STATES OF MASSACHUSETTS,
RHODE ISLAND, CONNECTICUT, NEW
JERSEY, WISCONSIN, MICHIGAN,
MINNESOTA, OREGON,
WASHINGTON, AND LONG ISLAND IN
THE STATE OF NEW YORK
1. The authority citation for 7 CFR
part 929 continues to read as follows:
■
Authority: 7 U.S.C. 601–674.
2. Amend § 929.105 by revising
paragraph (b) to read as follows:
■
§ 929.105
Reporting.
erowe on DSK2VPTVN1PROD with
*
*
*
*
*
(b) Certified reports shall be filed with
the committee, on a form provided by
the committee, by each handler not later
than January 20, May 20, and July 20 of
each fiscal period and by September 20
of the succeeding fiscal period showing:
(1) The total quantity of cranberries
the handler acquired and the total
quantity of cranberries and Vaccinium
oxycoccus cranberries the handler
handled from the beginning of the
reporting period indicated through
VerDate Mar<15>2010
14:47 Aug 29, 2012
Jkt 226001
December 31, April 30, June 30, and
August 31, respectively, and
(2) The respective quantities of
cranberries and Vaccinium oxycoccus
cranberries and cranberry products and
Vaccinium oxycoccus cranberry
products held by the handler on January
1, May 1, June 30, and August 31 of
each fiscal period.
Dated: August 22, 2012.
David R. Shipman,
Administrator, Agricultural Marketing
Service.
[FR Doc. 2012–21372 Filed 8–29–12; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1260
[Doc. No. AMS–LS–11–0086]
Beef Promotion and Research;
Amendment to the Order
Agricultural Marketing Service,
USDA.
ACTION: Final rule.
AGENCY:
This final rule expands the
contracting authority of the Beef
Promotion and Research Order (Order).
The Beef Research and Information Act
(Act) requires that the Beef Promotion
Operating Committee (BPOC) enter into
contracts with established national nonprofit industry-governed organizations
including the Federation of State Beef
Councils to implement programs of
promotion, research, consumer
information, and industry information.
The Act does not define ‘‘national nonprofit industry governed organization,’’
however, the Order states that these
organizations must be governed by a
board of directors representing the cattle
or beef industry on a national basis and
that they were active and ongoing prior
to enactment of the Act. This final rule
changes the date requirement in the
Order so that organizations otherwise
qualified could be eligible to contract
with the BPOC for the implementation
and conduct of Beef Checkoff programs
if they have been active and ongoing for
at least two years.
DATES: Effective August 31, 2012.
FOR FURTHER INFORMATION CONTACT:
Craig Shackelford, Agricultural
Marketing Specialist, Marketing
Programs Division, on 202/720–1115,
fax 202/720–1125, or by email at
craig.shackelford@ams.usda.gov.
SUMMARY:
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00011
Fmt 4700
Sfmt 4700
52597
Executive Order 12866
The Office of Management and Budget
has waived the review process required
by Executive Order 12866 for this
action.
Executive Order 12988
This final rule has been reviewed
under Executive Order 12988, Civil
Justice Reform. It is not intended to
have a retroactive effect.
Section 11 of the Act provides that
nothing in the Act may be construed to
preempt or supersede any other program
relating to beef promotion organized
and operated under the laws of the
United States or any State. There are no
administrative proceedings that must be
exhausted prior to any judicial
challenge to the provisions of this rule.
Regulatory Flexibility Act and
Paperwork Reduction Act
Pursuant to the requirements set forth
in the Regulatory Flexibility Act (RFA)
(5 U.S.C. 601–612), the Administrator of
the Agricultural Marketing Service
(AMS) has considered the economic
effect of this action on small entities and
has determined that this final rule will
not have a significant economic impact
on a substantial number of small
entities. The purpose of RFA is to fit
regulatory actions to the scale of
businesses subject to such actions in
order that small businesses will not be
unduly burdened.
In the February 2011 publication of
‘‘Farms, Land in Farms, and Livestock
Operations,’’ the U.S. Department of
Agriculture’s (USDA) National
Agricultural Statistics Service (NASS)
estimates that in 2010 the number of
operations in the United States with
cattle totaled approximately 935,000.
The majority of these operations that are
subject to the Order may be classified as
small entities.
The final rule imposes no new burden
on the industry. It merely expands the
contracting authority as established
under section 1260.168(b) within the
Order to permit a greater number of
organizations to perform work on behalf
of the BPOC.
Background and Final Action
The Order is authorized by the Act of
1985 [7 U.S.C. 2901–2918]. The Act was
passed as part of the 1985 Farm Bill
[Pub. L. 99–198]. The program became
effective on July 18, 1986, when the
Order was issued [51 FR 26132].
Assessments began on October 1, 1986.
Section 5(6) of the Act provides that
the BPOC, to insure coordination and
efficient use of funds, shall enter into
contracts or agreements for
implementing any activities, which it
E:\FR\FM\30AUR1.SGM
30AUR1
]]>Agencies
[Federal Register Volume 77, Number 169 (Thursday, August 30, 2012)]
[Rules and Regulations]
[Pages 52595-52597]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-21372]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 929
[Doc. No. AMS-FV-12-0002; FV12-929-1 IR]
Cranberries Grown in States of Massachusetts, Rhode Island,
Connecticut, New Jersey, Wisconsin, Michigan, Minnesota, Oregon,
Washington, and Long Island in the State of New York; Changing
Reporting Requirements
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Interim rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: This rule revises the reporting requirements currently
prescribed under the marketing order that regulates the handling of
cranberries grown in the States of Massachusetts, Rhode Island,
Connecticut, New Jersey, Wisconsin, Michigan, Minnesota, Oregon,
Washington, and Long Island in the State of New York (order). The order
is administered locally by the Cranberry Marketing Committee
(Committee). This rule changes the dates covered by the third reporting
period and the date by which the Handler Inventory Report (Form HIR) is
due to the Committee. These changes will help ensure the Committee has
current and complete information available for its discussions during
its annual August meeting, while providing handlers sufficient time to
submit their reports.
DATES: Effective August 31, 2012; comments received by October 29, 2012
will be considered prior to issuance of a final rule.
ADDRESSES: Interested persons are invited to submit written comments
concerning this rule. Comments must be sent to the Docket Clerk,
Marketing Order and Agreement Division, Fruit and Vegetable Program,
AMS, USDA, 1400 Independence Avenue SW., STOP 0237, Washington, DC
20250-0237; Fax: (202) 720-8938; or Internet: https://www.regulations.gov. All comments should reference the document number
and the date and page number of this issue of the Federal Register and
will be made available for public inspection in the Office of the
Docket Clerk during regular business hours, or can be viewed at: https://www.regulations.gov. All comments submitted in response to this rule
will be included in the record and will be made available to the
public. Please be advised that the identity of the individuals or
entities submitting the comments will be made public on the Internet at
the address provided above.
FOR FURTHER INFORMATION CONTACT: Doris Jamieson, Marketing Specialist,
or Christian D. Nissen, Regional Manager, Southeast Marketing Field
Office, Marketing Order and Agreement Division, Fruit and Vegetable
Program, AMS, USDA; Telephone: (863) 324-3375, Fax: (863) 325-8793, or
Email: Doris.Jamieson@ams.usda.gov or Christian.Nissen@ams.usda.gov.
Small businesses may request information on complying with this
regulation by contacting Laurel May, Marketing Order and Agreement
Division, Fruit and Vegetable Program, AMS, USDA, 1400 Independence
Avenue SW., STOP 0237, Washington, DC 20250-0237; Telephone: (202) 720-
2491, Fax: (202) 720-8938, or Email: Laurel.May@ams.usda.gov.
SUPPLEMENTARY INFORMATION: This rule is issued under Marketing
Agreement and Order No. 929, both as amended (7 CFR part 929),
regulating the handling of cranberries produced in States of
Massachusetts, Rhode Island, Connecticut, New Jersey, Wisconsin,
Michigan, Minnesota, Oregon, Washington, and Long Island in the State
of New York, hereinafter referred to as the ``order.'' The order is
effective under the Agricultural Marketing Agreement Act of 1937, as
amended (7 U.S.C. 601-674), hereinafter referred to as the ``Act.''
The Department of Agriculture (USDA) is issuing this rule in
conformance with Executive Order 12866.
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. This rule is not intended to have retroactive effect.
The Act provides that administrative proceedings must be exhausted
before parties may file suit in court. Under section 608c(15)(A) of the
Act, any handler subject to an order may file with USDA a petition
stating that the order, any provision of the order, or any obligation
imposed in connection with the order is not in accordance with law and
request a modification of the order or to be exempted therefrom. A
handler is afforded the opportunity for a hearing on the petition.
After the hearing, USDA would rule on the petition. The Act provides
that the district court of the United States in any district in which
the handler is an inhabitant, or has his or her principal place of
business, has jurisdiction to review USDA's ruling on the petition,
provided an action is filed not later than 20 days after the date of
the entry of the ruling.
This rule revises the reporting requirements currently prescribed
under the order. This rule changes the dates covered by the third
reporting period and the date by which the Handler Inventory Report
(Form HIR) is due to the Committee. These changes will help ensure the
Committee has current and complete information available for its
discussions during its annual August meeting, while providing handlers
sufficient time to submit their report. These changes were unanimously
recommended by the Committee at a meeting on August 31, 2011.
Section 929.62 of the cranberry marketing order provides, in part,
that each handler engaged in the handling of cranberries or cranberry
products shall, upon request of the Committee, report as to the
quantity of cranberries acquired and handled during any designated
period or periods. This section also provides that handlers report
cranberries or cranberry products held in inventory on such date as the
Committee may designate.
Currently, Sec. 929.105 provides that certified reports shall be
filed with the Committee, on a form provided by the Committee, by each
handler not later than January 20, May 20, and August 20 of each fiscal
period and by September 20 of the succeeding fiscal period. This
Handler Inventory Report (Form HIR) must show the total quantity of
cranberries acquired and the total quantity of cranberries and
Vaccinium oxycoccus cranberries handled from the beginning of the
reporting period indicated through December 31, April 30, July 31, and
August 31, respectively. The report must also show the total quantity
of cranberries and Vaccinium oxycoccus cranberries as well as cranberry
products and Vaccinium oxycoccus cranberry products held by the handler
on January 1, May 1, August 1, and August 31 of each fiscal period. The
information obtained from handlers is compiled into reports which are
reviewed by the Committee and used to make informed decisions regarding
the activities under the order.
In 2010, the Committee recommended changing the dates when handler
reports were due in order to provide handlers with additional time to
submit their report (75 FR 5898). Under that action, the due dates were
changed from January 5, May 5, and August 5 of each fiscal period and
by September 5 of the
[[Page 52596]]
succeeding fiscal period to January 20, May 20, and August 20 of each
fiscal period and by September 20 of the succeeding fiscal period,
respectively. This change was made to allow handlers more time to file
their report.
After changing the due dates of the report, the Committee realized
that given the new due dates, the handler report due by August 20 may
not be received prior to the Committee's annual August meeting. In
discussing this issue, the Committee recognized that having as current
industry information as possible available for the August meeting is
important for administering the order. Further, it is particularly
significant as the Committee is required to make decisions regarding
the need to establish a volume regulation using a handler withholding
not later than August 31 each year.
Consequently, the Committee unanimously voted to change the due
date for the third reporting period from August 20 to July 20. To
accommodate the new due date, this rule also adjusts the timeframes
covered under third period reporting by adjusting the end date from
July 31 to June 30 for cranberries acquired and handled and for
reporting inventory held changes August 1 to June 30. With these
changes, handler information from the third reporting period will be
received and compiled into reports prior to the Committee's meeting in
August. These changes will help ensure that the Committee has current
and complete information available for its discussions, while providing
handlers sufficient time to submit their reports.
Initial Regulatory Flexibility Analysis
Pursuant to requirements set forth in the Regulatory Flexibility
Act (RFA) (5 U.S.C. 601-612), the Agricultural Marketing Service (AMS)
has considered the economic impact of this action on small entities.
Accordingly, AMS has prepared this initial regulatory flexibility
analysis.
The purpose of the RFA is to fit regulatory actions to the scale of
business subject to such actions in order that small businesses will
not be unduly or disproportionately burdened. Marketing orders issued
pursuant to the Act, and the rules issued thereunder, are unique in
that they are brought about through group action of essentially small
entities acting on their own behalf.
There are approximately 55 handlers of cranberries who are subject
to regulation under the marketing order and approximately 1,200
cranberry producers in the regulated area. Small agricultural service
firms are defined by the Small Business Administration (SBA) as those
having annual receipts of less than $7,000,000, and small agricultural
producers are defined as those having annual receipts of less than
$750,000 (13 CFR 121.201).
Based on Committee data and information from the National
Agricultural Statistics Service, the average annual f.o.b. price of
cranberries during the 2010 season was approximately $46.50 per barrel
and total shipments were approximately 6.8 million barrels. As a
percentage, about 18 percent of the handlers shipped approximately 6.5
million barrels of cranberries. Using the average f.o.b. price and
shipment data, about 82 percent of cranberry handlers could be
considered small businesses under SBA's definition. In addition, based
on production and producer prices, and the total number of cranberry
growers, the average grower revenue is less than $750,000. Therefore,
the majority of growers and handlers of cranberries may be considered
small entities.
This rule revises the reporting requirements currently prescribed
under the cranberry marketing order. This rule revises Sec. 929.105 by
changing the due date for the third reporting period from August 20 to
July 20. To accommodate the new due date, this rule also adjusts the
end date for the timeframe covered under the third period reporting
from July 31 to June 30 for cranberries acquired and handled, and
changes August 1 to June 30 for reporting inventory held. These changes
will help ensure the Committee has current and complete information
available for discussion during its annual August meeting, while
providing handlers sufficient time to submit their Handler Inventory
Report (Form HIR). The authority for these actions is provided in Sec.
929.62. These changes were unanimously recommended by the Committee at
a meeting on August 31, 2011.
It is not anticipated that this action will impose any additional
costs on the industry nor will it change the reporting and
recordkeeping burden on handlers. Having current and complete
information available during the Committee's August meeting will assist
the Committee when making decisions regarding the administration of the
order. The benefits of this rule are not expected to be
disproportionately greater or less for small handlers or growers than
for large entities.
The Committee considered one alternative to these changes, making
no changes to the reporting requirements. The Committee recognized
making no changes to the reporting requirements could mean that current
and complete information for the third reporting period may not be
available for discussion during the August meeting. Therefore, this
alternative was rejected.
In accordance with the Paperwork Reduction Act of 1995, (44 U.S.C.
chapter 35), the order's information collection requirements have been
approved by the Office of Management and Budget (OMB) and assigned OMB
No. 0581-0189, Generic Fruit Crops. Because this revision changes
neither the content of the Handler Inventory Report (Form HIR) nor its
calculated burden, no changes in OMB requirements as a result of this
action are necessary. Should any changes become necessary, they would
be submitted to OMB for approval.
This rule will not impose any additional reporting or recordkeeping
requirements on either small or large cranberry handlers. As with all
Federal marketing order programs, reports and forms are periodically
reviewed to reduce information requirements and duplication by industry
and public sector agencies.
AMS is committed to complying with the E-Government Act, to promote
the use of the Internet and other information technologies to provide
increased opportunities for citizen access to Government information
and services, and for other purposes.
In addition, USDA has not identified any relevant Federal rules
that duplicate, overlap or conflict with this rule.
Further, the Committee's meeting was widely publicized throughout
the cranberry industry and all interested persons were invited to
attend the meeting and participate in Committee deliberations. Like all
Committee meetings, the August 31, 2011, meeting was a public meeting
and all entities, both large and small, were able to express their
views on this issue. Finally, interested persons are invited to submit
comments on this interim rule, including the regulatory and
informational impacts of this action on small businesses.
A small business guide on complying with fruit, vegetable, and
specialty crop marketing agreements and orders may be viewed at:
www.ams.usda.gov/MarketingOrdersSmallBusinessGuide. Any questions about
the compliance guide should be sent to Laurel May at the previously
mentioned address in the FOR FURTHER INFORMATION CONTACT section.
This rule invites comments on changes to the reporting requirements
currently prescribed under the
[[Page 52597]]
cranberry marketing order. Any comments received will be considered
prior to finalization of this rule.
After consideration of all relevant material presented, including
the Committee's recommendation, and other information, it is found that
this interim rule, as hereinafter set forth, will tend to effectuate
the declared policy of the Act.
Pursuant to 5 U.S.C. 553, it is also found and determined upon good
cause that it is impracticable, unnecessary, and contrary to the public
interest to give preliminary notice prior to putting this rule into
effect and that good cause exists for not postponing the effective date
of this rule until 30 days after publication in the Federal Register
because: (1) The handler reporting cycle for the current fiscal period
has already begun; (2) the Committee would like this action in place
prior to the start of the third reporting period which begins May 1;
(3) the Committee unanimously recommended these changes at a public
meeting and interested parties had an opportunity to provide input; and
(4) this rule provides a 60-day comment period and any comments
received will be considered prior to finalization of this rule.
List of Subjects in 7 CFR Part 929
Cranberries, Marketing agreements, Reporting and recordkeeping
requirements.
For the reasons set forth in the preamble, 7 CFR part 929 is
amended as follows:
PART 929--CRANBERRIES GROWN IN THE STATES OF MASSACHUSETTS, RHODE
ISLAND, CONNECTICUT, NEW JERSEY, WISCONSIN, MICHIGAN, MINNESOTA,
OREGON, WASHINGTON, AND LONG ISLAND IN THE STATE OF NEW YORK
0
1. The authority citation for 7 CFR part 929 continues to read as
follows:
Authority: 7 U.S.C. 601-674.
0
2. Amend Sec. 929.105 by revising paragraph (b) to read as follows:
Sec. 929.105 Reporting.
* * * * *
(b) Certified reports shall be filed with the committee, on a form
provided by the committee, by each handler not later than January 20,
May 20, and July 20 of each fiscal period and by September 20 of the
succeeding fiscal period showing:
(1) The total quantity of cranberries the handler acquired and the
total quantity of cranberries and Vaccinium oxycoccus cranberries the
handler handled from the beginning of the reporting period indicated
through December 31, April 30, June 30, and August 31, respectively,
and
(2) The respective quantities of cranberries and Vaccinium
oxycoccus cranberries and cranberry products and Vaccinium oxycoccus
cranberry products held by the handler on January 1, May 1, June 30,
and August 31 of each fiscal period.
Dated: August 22, 2012.
David R. Shipman,
Administrator, Agricultural Marketing Service.
[FR Doc. 2012-21372 Filed 8-29-12; 8:45 am]
BILLING CODE 3410-02-P
